Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 211
The European Court of Human Rights, in the cases of two Roma
women, has identified forced sterilization, taking place without
proper consent, as breaches of the right not to be subjected to
torture and ill-treatment. 557
Crimes relating to commercial sexual exploitation of
children
The Convention on the Rights of the Child and its Optional
Protocol on the sale of children, child prostitution and child
pornography require that all children be protected from all
forms of:
Physical or mental violence, injury or abuse;
Neglect or negligent treatment; and
Maltreatment or exploitation, including sexual abuse and
commercial sexual exploitation. 558
The UN General Assembly has called on States to ensure that
the law also protects children from “sexual harassment,
including crimes committed through the use of new information
technologies, including the Internet”. 559
Defences in criminal law relevant to violence against
women
Under international human rights law and standards, all
persons accused of a crime are entitled to a fair trial by a
competent, independent and impartial tribunal established by
law, 560 and the right to defend themselves in person or through
legal counsel. 561 In cases involving the prosecution of crimes of
557
V.C. v Slovakia (2011) ECHR 1101, paragraphs 100-120; N.B. v
Slovakia (2012) ECHR 991, paragraphs 71-73.
558
Convention on the Rights of the Child (CRC), Articles 19(1) and 34.
559
Updated Model Strategies and Practical Measures on the
Elimination of Violence against Women in the Field of Crime Prevention
and Criminal Justice, adopted by the General Assembly under its
resolution 65/228 (2010), paragraph 14(c)(iv).
560
International Covenant on Civil and Political Rights (ICCPR), Article
14(1); and Convention on the Rights of the Child, Article 40(2)(b)(ii).
561
ICCPR, Article 14(3)(d); CRC, Article 40(2)(b)(ii).